Simpkins v. Ryder Freight System, Inc.

SPINDEN, Presiding Judge.

This case appears before us on appeal for the second time after three jury trials. Arthur and Sandra Simpkins obtained a $1.3 million verdict against Ryder Freight System, Inc., in the third trial which, by court order, involved only damage issues — not liability. The Simpkinses appeal the trial court’s ordering a new trial. They complain that the court could not grant Ryder a new trial because a verdict for Ryder was not possible and, therefore, granting Ryder a new trial was an abuse of discretion. They also complain that a fourth trial will be on both liability and…